Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. 0020022188 koji se odnosi na neobezbeđeni zajam do iznosa od 260.000.000 evra uz garanciju UKEF u cilju finansiranja određenih građevinskih usluga od strane Bechtel Enka UK Limited, koji posluje u Srbiji preko Bechtel Enka UK Limited Ogranak Beograd za potrebe privrednog društva ,,Koridori Srbije" d.o.o. Beograd u vezi sa izgradnjom infrastrukturnog koridora autoputa E-761 deonice Pojate-Preljina (Moravski koridor) između Republike Srbije, koju zastupa Vlada Republike Srbije, postupajući preko Ministarstva finansija, kao Zajmoprimca i J.P. Morgan SE, kao Agenta i JPMorgan Chase Bank, N.A., London Branch, kao Prvobitnog ovlašćenog vodećeg aranžera i Credit Agricole Corporate and Investment Bank i Ing Bank N.V., kao ovlašćenih vodećih aranžera i Određenih drugih finansijskih institucija, kao Prvobitnih zajmodavaca

Status propisa

Na snazi

Prikazana Verzija

Nema dostupnih verzija

Opšte Informacije

DonosilacNarodna skupština Republike Srbije

Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. 0020022188 koji se odnosi na neobezbeđeni zajam do iznosa od 260.000.000 evra uz garanciju UKEF u cilju finansiranja određenih građevinskih usluga od strane Bechtel Enka UK Limited, koji posluje u Srbiji preko Bechtel Enka UK Limited Ogranak Beograd za potrebe privrednog društva ,,Koridori Srbije" d.o.o. Beograd u vezi sa izgradnjom infrastrukturnog koridora autoputa E-761 deonice Pojate-Preljina (Moravski koridor) između Republike Srbije, koju zastupa Vlada Republike Srbije, postupajući preko Ministarstva finansija, kao Zajmoprimca i J.P. Morgan SE, kao Agenta i JPMorgan Chase Bank, N.A., London Branch, kao Prvobitnog ovlašćenog vodećeg aranžera i Credit Agricole Corporate and Investment Bank i Ing Bank N.V., kao ovlašćenih vodećih aranžera i Određenih drugih finansijskih institucija, kao Prvobitnih zajmodavaca

8.Čl. 8.1–8.9

PREPAYMENT AND CANCELLATION

▼9.Sledeća:→
Clause8.1

Illegality

If, in any applicable jurisdiction, it is or becomes unlawful for any Lender
(including, without limitation, as a result of Sanctions Laws and Regulations
applicable to that Lender) to perform any of its obligations as contemplated
by this Agreement or to fund or to maintain its participation in any Loan or it
becomes unlawful for any Affiliate of a Lender for that Lender to do so:
a)
that Lender shall promptly notify the Agent upon becoming aware of
that event;
b)
upon the Agent notifying the Borrower of that event, the Available
Commitment of that Lender will be immediately cancelled; and
c)
to the extent that the Lender's participation has not been transferred
pursuant to paragraph (b) of
Clause 8.7
 (Right of replacement in
relation to a single Lender), the Borrower shall repay that Lender's
participation in the Loans on the first Interest Payment Date
occurring after the Agent has so notified the Borrower or, if earlier,
the date specified by the Lender in the notice delivered to the Agent
pursuant to paragraph (a) above (being no earlier than the last day of any applicable grace period permitted by law) and that Lender's
corresponding Commitment shall be immediately cancelled in the
amount of the participations repaid.
Clause8.2

Material Export Contract Change

If a Material Export Contract Change is made without the prior written
consent of the Agent:
a)
the Lenders shall not be obliged to fund a Utilisation; and
b)
if the Majority Lenders so require, the Agent shall, by not less than
five (5) Business Days' notice to the Borrower, cancel the Total
Commitments and declare all Loans, together with accrued interest,
and all other amounts accrued or outstanding under the Finance
Documents immediately due and payable, whereupon the Total
Commitments will be immediately cancelled, the Facility shall
immediately cease to be available for further utilisation and all such
Loans, accrued interest and other amounts shall become
immediately due and payable.
Clause8.3

Loss of UKEF Guarantee

If the UKEF Guarantee ceases to provide the full benefit of cover to a
Lender or it becomes unlawful for UK Export Finance to perform any of its
obligations under the UKEF Guarantee in respect of a Lender or any
obligation or obligations of UK Export Finance under the UKEF Guarantee
are not or cease to be legal, valid, binding or enforceable or the UKEF
Guarantee is not or ceases to be in full force and effect other than as a
direct result of the gross negligence or wilful misconduct of the relevant
Lender:
a)
the relevant Lender shall not be obliged to fund a Utilisation; and
b)
if the Lender so requires, the Agent shall, by not less than thirty (30)
days' notice to the Borrower, cancel the Commitment of that Lender
and declare the participation of that Lender in all outstanding Loans,
together with accrued interest, and all other amounts accrued under
the Finance Documents immediately due and payable, whereupon
the Commitment of that Lender will be cancelled and all such
outstanding amounts will become immediately due and payable.
Clause8.4

E&S Incident

If an E&S Incident under paragraph (d)(i)(D) (E&S Trigger Events) of
Clause 19.6
 (Environmental undertakings) occurs or any E&S Incident is deemed to be incapable of remedy pursuant to paragraph (d)(ii) (E&S
Trigger Events) of
Clause 19.6
 (Environmental undertakings):
a)
the Lenders shall not be obliged to fund a Utilisation; and
b)
the Agent shall, by not fewer than five (5) Business Days' notice to
the Borrower, cancel the Total Commitments and declare all Loans,
together with accrued interest, and all other amounts accrued or
outstanding under the Finance Documents immediately due and
payable, whereupon the Total Commitments will be immediately
cancelled, the Facility shall immediately cease to be available for
further utilisation and all such Loans, accrued interest and other
amounts shall become immediately due and payable.
Clause8.5

Voluntary cancellation

The Borrower may not cancel the whole or any part of the Available Facility,
unless otherwise agreed by the Agent.
Clause8.6

Voluntary prepayment of Loans

a)
Subject to paragraph (b) below, the Borrower may, if it gives the Agent not
less than thirty (30) Business Days' (or such shorter period as the Majority
Lenders may agree) prior notice, prepay the whole or any part of any Loan
but, if in part, being an amount that reduces the amount of the Loan by a
minimum amount of EUR 5,000,000.
b)
A Loan may only be prepaid after the last day of the Availability Period (or if
earlier, the day on which the Available Facility is zero).
c)
In the case of a Compounded Rate Loan, the Borrower shall not make
more than four (4) prepayments during each rolling period of twelve (12)
months starting from the date of the first repayment (or prepayment) for that
Compounded Rate Loan.
d)
Any prepayments made under this
Clause 8.6
 shall satisfy the Borrower's
obligations under
Clause 7.1
 (Repayment of Loans) in inverse
chronological order of the Repayment Dates.
Clause8.7

Right of replacement in relation to a single Lender

a)
If:
(i)
any sum payable to any Lender by the Borrower is required to be
increased under paragraph (c) of
Clause 12.2
 (Tax gross up); or
ii)
any Lender claims indemnification from the Borrower under Clause
12.3 (Tax indemnity) or
Clause 13.1
 (Increased costs), the Borrower may, with the prior written consent of the Agent, whilst the
circumstance giving rise to the requirement for that increase or
indemnification continues, give the Agent notice of its intention to replace
that Lender in accordance with paragraph (b) below.
b)
If:
(i)
any of the circumstances set out in paragraph (a) above apply to a
Lender; or
ii)
the Borrower becomes obliged to pay any amount in accordance
with
Clause 8.1
 (Illegality) to any Lender,
the Borrower may, on not less than thirty (30) Business Days' prior notice to
the Agent and that Lender, replace that Lender by requiring that Lender to
(and, to the extent permitted by law, that Lender shall) transfer pursuant to
Clause 21
 (Changes to the Lenders) all (and not part only) of its rights and
obligations under this Agreement to a Lender or other bank, financial
institution, trust, fund or other entity selected by the Borrower which
confirms its willingness to assume and does assume all the obligations of
the transferring Lender in accordance with
Clause 21
 (Changes to the
Lenders) for a purchase price in cash payable at the time of the transfer in
an amount equal to the outstanding principal amount of such Lender's
participation in the outstanding Loans and all accrued interest (to the extent
that the Agent has not given a notification under
Clause 21.9
 (Pro rata
interest settlement)), Break Costs and other amounts payable in relation to
such participation under the Finance Documents.
c)
The replacement of a Lender pursuant to paragraph (b) above shall be
subject to the following conditions:
i)
the Borrower shall have no right to replace the Agent;
ii)
neither the Agent nor any Lender shall have any obligation to find a
replacement Lender;
iii)
in no event shall the Lender replaced under paragraph (b) above be
required to pay or surrender any of the fees received by such
Lender pursuant to the Finance Documents; and
iv)
the Lender shall only be obliged to transfer its rights and obligations
pursuant to paragraph (b) above once it is satisfied that it has
complied with all necessary "know your customer" or other similar
checks under all applicable laws in relation to that transfer.
d)
A Lender shall perform the checks described in paragraph (c)(iv) above as
soon as reasonably practicable following delivery of a notice referred to in
paragraph (b) above and shall notify the Agent and the Borrower when it is
satisfied that it has complied with those checks.
Clause8.8

Restrictions

a)
Any notice of cancellation or prepayment given by any Party under this
Clause 8
 shall be irrevocable and, unless a contrary indication appears in
this Agreement, shall specify the date or dates upon which the relevant
cancellation or prepayment is to be made and the amount of that
cancellation or prepayment.
b)
Any prepayment under this Agreement shall be made together with accrued
interest on the amount prepaid and, subject to any Break Costs, without
premium or penalty.
c)
The Borrower may not reborrow any part of the Facility which is prepaid.
d)
The Borrower shall not repay or prepay all or any part of the Loans except
at the times and in the manner expressly provided for in this Agreement.
e)
No amount of the Total Commitments cancelled under this Agreement may
be subsequently reinstated.
f)
If the Agent receives a notice under this
Clause 8
, it shall promptly forward
a copy of that notice to either the Borrower or the affected Lender, as
appropriate.
g)
If all or part of any Lender's participation in a Loan is repaid or prepaid an
amount of that Lender's Commitment (equal to the amount of the
participation which is repaid or prepaid) shall be deemed to be cancelled on
the date of such repayment or prepayment.
Clause8.9

Application of prepayments

Any prepayment of a Loan pursuant to Clause 8.2 (Material Export Contract
Change),
Clause 8.4
 (E&S Incident) or
Clause 8.6
 (Voluntary prepayment
of Loans) shall be applied pro rata to each Lender's participation in that
Loan.
COSTS OF UTILISATION